This bill amends section 29-1208 of the Reissue Revised Statutes of Nebraska to provide for damages to defendants in criminal actions that are dismissed or in which the defendant is found not guilty. The bill establishes that individuals wrongfully prosecuted may face significant financial hardship, and aims to alleviate this burden while encouraging the government to exercise caution in prosecutorial decisions. It defines "prosecutor" to include various legal authorities and outlines the conditions under which a person may be awarded damages, such as being granted an absolute discharge, having charges voluntarily dismissed, or being found not guilty by a jury or court.

Additionally, the bill specifies that a defendant is not entitled to damages if they are convicted of another offense arising from the same misconduct. It also allows for agreements between defendants and prosecutors to dismiss charges and waive damages. Upon the occurrence of qualifying events, the trial court is required to hold a hearing to determine the amount of damages, which may include reasonable attorney's fees and actual damages incurred due to the prosecution. The original section 29-1208 is repealed as part of this legislative update.

Statutes affected:
Introduced: 29-1208